Opinion
No. 133154.
September 14, 2007.
SC: 133154, COA: 274819, Wayne CC: 05-001492-01
Actions on Applications for Leave to Appeal from the Court of Appeals.
Leave to Appeal Denied September 14, 2007:
The denial is without prejudice to the defendant's right to file a motion for relief from judgment pursuant to MCR 6.500 et seq. Moreover, if defendant chooses to file such a motion, the trial court, and not the Attorney Grievance Commission, would be the appropriate forum to conduct an evidentiary hearing regarding defendant's claim that his counsel had a conflict of interest, should it determine that an evidentiary hearing is required.
We would remand this case to the trial court for treatment of the defendant's motions as a motion for relief from judgment pursuant to MCR 6.500 et seq. and, if necessary, for an evidentiary hearing regarding the defendant's claim that his counsel had a conflict of interest.